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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25420
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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My father was in a car accident in his car. there

Resolved Question:

Hello
My father was in a car accident in his car. there was no contact but a bus slammed on his brakes and a lady fell over. dad was turning right and stopped at the line. the bus thought he was going to cross in his path and slammed on his brakes. the police sent a letter saying no action to be taken.
He is insured 3rd party, the insurance company said they was no contact so they were not interested.
Dad is worried the lady will sue him.
so 2 questions : Can the lady sue him, as I thought the bus company was liable for her.
: Is the third party cover for all 3rd parties.
Submitted: 2 years ago.
Category: Law
Expert:  Joshua replied 2 years ago.
Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience.

Joshua :

May I ask (so far as you know) did the bus have any reasonable cause to believe he was to turn in front of the bus as opposed to waiting for the bus to pass before turning please?

Customer:

No dad stopped before the line. ah right talking to dad now on phone. dad was turning right out a petrol station a car let him cross in front of him. dad stopped at the line without crossing it. So no

Joshua :

Thanks

Joshua :

based on what you say, the bus would not appear to have had reason to believe your father was going to pull out in front of the bus.

Joshua :

in the circumstances, the lady in question, if she suffered injury, could mount a personal injury claim against the bus company for negligent driving by the bus driver. That would be a matter between her and the bus company. If the bus company believes your father was at fault, they would need to be able to show due course for the bus driver to believe that your father was about to pull out in front of the bus. It would not be sufficient for the bus driver to mistakingly think he was about to do so without good reason - e.g. he approached the line to fast or moved off the line only to break etc.

Joshua :

the burden of proof is upon the bus company to show that your father was negligent in this respect and they would need to show the above in order to counter claim against your father.

Joshua :

If they were to do so, on the basis your father has third-party insurance, the claim would be dealt with by your father's insurance, not against your father personally. If anything were to proceed, it is important that your father does not admit any kind of liability but simply refers the matter to his insurer. based on what you say, the bus company would not appear to have a claim against your father

Customer:

very good thanks. Also dad third party insurance would have to cover a third party claim.

Joshua :

that is correct.in the event the claim were to arise, it would be dealt with under the third-party element of your father's insurance. As you will be aware, third party insurance covers claims by third parties but does not allow your father to make claims personally against the policy - e.g. for damage to his car in an accident.

Joshua :

Does the above answer all your questions or is there anything I can clarify or help you with any further?

Customer:

Thank you so much. I know he is an a worrier but this will help him. thanks again very much

Joshua :

A pleasure. If I can assist any further as the situation develops - though hopefully it will not - please do not hesitate to revert to me

Joshua :

If you have no further questions for now I should be very grateful if you would kindly take a moment to rate my service to you today. Your feedback is important to me. If there is anything else I can help with please reply back to me though

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